R.K.MAHAJAN, J. - (1.) BY this writ petition the petitioners seek the following reliefs : (i) Issue a writ, order or direction in the nature of certiorari quash­ing the part of Government order which limits the rule regarding fixation of pay to Senior Lecturers appointed till 7-10-1974. (ii) issue a writ, order or direction in the nature of mandamus com­manding the respondents to treat Senior Lecturers who became Senior Lecturers between 8-10-1974 and 28-12-1974 also at par with Senior Lecturers appointed prior to 8-10-1974 in the matter of fixation of pay in the new scale.
(2.) THE petitioners are senior lecturers working in Bareilly College, Bareilly. The petitioner No. 1 was appointed senior lecturer on 4.12.1974 and the petitioner No. 2 claims to have reached senior lecturer scale on 25-10-1974. The controversy is about their placement in the now grade of Rs. 700-1600 applied from 1-1-1973 vide annexure No. 2. It is relevant to refer the grade which were they getting earlier i.e. Rs. 700-1100 New scales of Rs. 700-1600 was applied to Senior Lecturers, Readers w.e.f. 1-1-1974 vide Government Order dated 28-12-1974. The grade of Readers and Senior Lecturers were same. Those who were working as Senior Lecturers on 1-1-1973 and those who were appointed between 1-1-1973 and 7-10-1974 were placed at Rs. 1100 in uniform scale of Rs. I700-40-1100-50-1300-Assessment-50-1600 vide annexure No. 2. Para No. XIII of the Appendix Kha of this Government Order mentioned in annexure No. 2 runs as follows "XIII-The existing post-graduate teachers in the colleges who are designated as senior lecturers/readers in the scale of Rs.700-1100 shall be placed in the revised scale of Rs. 700-1600. Separate orders will be issued with regard to fixation of salary of these teachers." The petitioners made representations to the Vice Chancellor and even to Chief Minister but all ended in vain. The grievance of the peti­tioners is that they belong to the same class and performing the same nature of duties and they should not have been discriminated in the matter of placement/fixation of pay vis-a-vis their colleagues who were appointed Senior Lecturers prior to 7-10-1974. They alleged that the act of the Government is discriminatory, arbitrary and against the spirit of Article 14 of the Constitution of India.
(3.) THE State Government filed counter affidavit and pleaded that the authorities had banned the appointment of Readers from 7-10-1974 so, therefore, they have not been placed in the revised scale. This letter related only to Readers. The petitioners are Senior Lecturers in pursuance of Government policy for appointing 25% senior Lecturers in the college.;